Barry Bonds’ lawyers argue his obstruction of justice conviction today

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Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:

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As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Report: Steven Matz has been pitching through pain, may need elbow surgery

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Newsday’s Marc Carig reports that Mets starter Steven Matz has been pitching through pain for most of the season. He may need surgery to fix a nerve issue in his elbow. Matz was sidelined in spring training with an elbow injury and made his regular season debut on June 10.

Matz, 26, has struggled over 13 starts, posting a 6.08 ERA with a 48/19 K/BB ratio in 66 2/3 innings. Many were scrambling for explanations for his pitching woes and now they have it.

According to Carig, the Mets let Matz skip his bullpen sessions to help him pitch through the pain. Given the Mets’ shoddy history of dealing with injuries, that’s not a good look for the club.

Carig noted on Twitter that Jacob deGrom offers some optimism for Matz’s case. deGrom underwent right elbow surgery to repair ulnar nerve damage last September and bounced back to have a great season this year.

Clayton Kershaw’s simulated game went so well he threw an extra inning

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Dodgers lefty Clayton Kershaw was scheduled to throw three innings in a simulated game on Monday. That simulated game went so well, he threw an extra inning, MLB.com’s Ken Gurnick reports. Kershaw will make a minor league rehab start next and could be activated towards the end of next week.

Kershaw, 29, has been on the disabled list since July 24 with a lower back strain. That put the pause button on another outstanding season. He’s carrying a 15-2 record with a 2.04 ERA and a 168/24 K/BB ratio in 141 1/3 innings.

The 87-35 Dodgers have run away with the NL West, needing some combination of 20 wins and 20 Rockies losses (19 for the third-place Diamondbacks) to officially clinch the division. While the Dodgers are all but mathematically assured of reaching postseason baseball, the club would still like to get Kershaw as ready as possible over the next month-plus.